Allahabad High Court
Shailendra Singh Arkvanshi vs State Of U.P. And Anr. on 20 July, 2022
Author: Dinesh Kumar Singh
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 10 Case :- APPLICATION U/S 482 No. - 9045 of 2019 Applicant :- Shailendra Singh Arkvanshi Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Manish Mani Sharma Counsel for Opposite Party :- G.A.,Himanshu Gupta,Shri Prakash Pandey Hon'ble Dinesh Kumar Singh,J.
1. Heard and gone through the record.
Despite service of notice upon respondent no. 2 and Vakalatnama having been filed, no one has put in appearance on his behalf to oppose this application.
2. By way of this application under Section 482 CrPC the applicant has prayed for quashing of order dated 26.11.2019 passed on application filed by the applicant under Section 227/228 CrPC in Criminal Case No.84 of 2018 (State Vs. Shailendra Singh and others), pending in the Court of Additional Sessions Judge, Court No. 1, Lakhimpur Kheri, under Sections 504 IPC read with Section 67 of Information Technology Act and Section 11/12 POCSO Act, Crime No.01265 of 2013, Police Station Kotwali Gola, District Kheri.
3. By the impugned order, the application for discharge moved by the applicant has been rejected.
4. It is submitted that the impugned proceedings got initiated on Whatsapp message allegedly sent by the applicant herein to daughter of the complainant, expressing his love. It is further submitted that the message, prima facie, does not appear to be obscene, it was one-sided expression of love by the applicant towards daughter of the complainant.
5. Considering the above submission, triviality of the allegation and nature of offence for which the applicant is being prosecuted, this Court finds it appropriate to quash the impugned proceedings and allow the application inasmuch career of a young person is involved.
6. Ordered accordingly.
7. Allowed.
Order Date :- 20.7.2022MVS/-